Rule on Court-Annexed Family Mediation and Code of Ethical Standards for Mediators Resolution

June 22, 2010

EN BANC

[A.M. No. 10-4-16-SC.]

RESOLUTION

WHEREAS, paragraph 5 of Section 5, Article VIII of the 1987 Constitution empowers the Supreme Court to promulgate rules of procedure that shall provide a simplified and inexpensive procedure for the speedy disposition of cases.

WHEREAS, Section 2 (a), Rule 18 of the 1997 Rules of Civil Procedure, as amended, specifies a mandatory pretrial conference in the conduct of civil cases where, among others, the possibility of an amicable settlement or of a submission by the parties to alternative modes of dispute resolution shall be considered.

WHEREAS, Supreme Court Resolution in A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, prescribed guidelines in institutionalizing and implementing the mediation program in the Philippines, and designated for that purpose the Philippine Judicial Academy (PHILJA) as the component of the Supreme Court for Court-Annexed Mediation and other Alternative Dispute Resolution (ADR) Mechanisms.

WHEREAS, on April 19, 2010, the Court received from the PHILJA the proposed Rules on Court-Annexed Family Mediation, amending the Rules on Court-Annexed Mediation, and the corresponding Code of Ethical Standards for Mediators.

NOW, THEREFORE, acting on the recommendation of the PHILJA submitting for this Court's consideration and approval the proposed Rule on Court-Annexed Family Mediation and the Code of Ethical Standards for Mediators, the Court Resolved to APPROVE the same. ECTIHa

The Rule on Court-Annexed Family Mediation and the Code of Ethical Standards for Mediators shall take effect fifteen (15) days after publication in a newspaper of general circulation in the Philippines.

June 22, 2010.

 

(SGD.) RENATO C. CORONAChief Justice

(SGD.) ANTONIO T. CARPIOAssociate JusticeSupreme Court of the Philippines

(SGD.) CONCHITA CARPIO-MORALESAssociate JusticeSupreme Court of the Philippines

(SGD.) PRESBITERO J. VELASCO, JR.Associate JusticeSupreme Court of the Philippines

(SGD.) ANTONIO EDUARDO B. NACHURAAssociate JusticeSupreme Court of the Philippines

(SGD.) TERESITA J. LEONARDO-DE CASTROAssociate JusticeSupreme Court of the Philippines

(on leave)ARTURO D. BRIONAssociate JusticeSupreme Court of the Philippines

 

(SGD.) DIOSDADO M. PERALTAAssociate JusticeSupreme Court of the Philippines

(SGD.) LUCAS P. BERSAMINAssociate JusticeSupreme Court of the Philippines

(SGD.) MARIANO C. DEL CASTILLOAssociate JusticeSupreme Court of the Philippines

(SGD.) ROBERTO A. ABADAssociate JusticeSupreme Court of the Philippines

(SGD.) MARTIN S. VILLARAMA, JR.Associate JusticeSupreme Court of the Philippines

(SGD.) JOSE PORTUGAL PEREZAssociate JusticeSupreme Court of the Philippines

(SGD.) JOSE CATRAL MENDOZAAssociate JusticeSupreme Court of the Philippines

 

RULE ON COURT-ANNEXED FAMILY MEDIATION

RULE 1.Coverage. — The following cases shall be referred to family mediation:

a)All issues under the Family Code and other laws in relation to support, custody, visitation, property relations, guardianship of minor child, and other issues which can be subject of a compromise agreement, except:

1) those covered by:

(a) Republic Act 9262 (Anti-Violence Against Women and Their Children Act)

(b) Republic Act 7610 (Special Protection of Children against Abuse, Exploitation, and Discrimination Act)

(c) Republic Act 8353 (Anti-Rape Law)

(d) Republic Act 9208 (Anti-Trafficking in Persons Act)

(e) Republic Act 9775 (Anti-Child Pornography Law)

2) civil status of persons

3) validity of marriage aSHAIC

4) future support

5) jurisdiction

6) grounds for legal separation

7)  future legitime

b)  Settlement of estates

RULE 2. Order of Mediation. — The trial court, after determining the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution, shall issue an Order referring the case to the specially trained family mediators at the Philippine Mediation Center (PMC) Unit for mediation and directing the parties to proceed immediately to the PMC Unit.

RULE 3. The PMC Unit. — There shall be a PMC Unit in the courthouses or near the premises of the trial court for court-referred mediation proceedings.

RULE 4. Selection of Mediator. — The PMC Unit shall assist the parties select a mutually acceptable Family Mediator from a list of duly accredited Family Mediators. If the parties cannot agree on a Family Mediator then the PMC Unit shall assign a Family Mediator.

The Family Mediator shall immediately commence the mediation proceedings unless both parties agree to reset the mediation within the next five (5) working days, without need of further notice.

RULE 5.  Presence of Lawyers; Others. — Lawyers may act as consultant or adviser of the parties but may attend only upon the request of the mediator. The participation of persons other than the parties may be allowed as may be agreed upon by the parties and upon clearance by the mediator.

RULE 6. Mediation Proceedings. —

a)  The Family Mediator is an officer of the court when conducting mediation proceedings.

b) A conference before the Family Mediator must first be held with both parties present. The Family Mediator must explain the mediation proceedings stressing the benefits of an early settlement of the dispute and must attempt immediate settlement. If no settlement is reached at this conference, the Family Mediator may, with the consent of both parties, hold separate caucuses with each of them to enable the Family Mediator to determine their respective real interest in the dispute. Thereafter, another joint conference may be held to consider various options proposed by the parties to resolve the dispute. cDAITS

a)  The Family Mediator must not record the proceedings in any manner but he may take down personal notes to guide him.

b)  The Family Mediator must submit progress status report/s to the trial court, which referred the case at the end of the mediation period.

c)  The PMC Unit must keep the stated reports only for file of mediation proceedings. All other records or documents must be returned to the parties.

d)  At the end of the period allowed by the trial court and if no settlement has been reached, the case must be returned to the trial court for further proceedings, unless the parties agree to further continue the mediation, in which case, extension may be granted by the trial court.

RULE 7. Confidentiality of Records. — To encourage the spontaneity that is conducive to effective communication, thereby enhancing the possibility of successful efforts, the mediation proceedings and all incidents thereto must be kept strictly confidential, unless otherwise specifically provided by law, and all admissions or statements made therein are inadmissible for any purpose in any proceeding.

Both parties undertake not to rely or introduce as evidence in any other proceedings the following matters:

a)  Views expressed or suggestions made by the other party in respect to a possible settlement of the dispute;

b) Admission made by either party in the course of the proceedings;

c) Proposal made by the Family Mediator;

d) The fact that the other party had indicated his willingness to accept a proposal settlement made by the parties to the Family Mediator.

No transcript or minutes of the mediation proceedings shall be taken, and personal notes of the Family Mediator on the Mediation proceedings shall not be furnished the trial court. Any such transcript, minutes and notes shall be inadmissible as evidence in any other proceedings.

RULE 8. Suspension of Proceedings. — The period during which the case is undergoing family mediation shall be excluded from the regular and mandatory periods for trial and rendition of judgment. IcSHTA

The period for mediation is extendible, as long as the parties agree to allow the parties sufficient time to reach a compromise agreement and, if possible, put an end to litigation.

RULE 9.   Personal Appearance. — Individual parties must personally appear for family mediation.

RULE 10.       Suspension/Termination of Family Mediation of Services. —

a)The Family Mediator must suspend or terminate the mediation when it is being misused by either or both parties:

1) To ensure status quo of custody/visitation of children;

2) To dissipate or conceal assets;

3) When either or both participants act in bad faith; and

4) When usefulness of mediation has been exhausted.

RULE 11. Withdrawal of Service. — The approved Family Mediator may withdraw from the mediation proceedings, upon notice to the parties and the PMC Unit, only:

a) For good cause; or

b) When the agreement being reached by the parties is unconscionable and contrary to law, morals, good order, and public policy.

RULE 12. Proceedings in Case of Successful Settlement. — If the family mediation is successful, the PMC Unit shall submit to the trial court, within three (3) days from termination of proceedings, (a) the original Compromise Agreement entered into by the parties which will be the basis of the rendition of a judgment (partial or full) by compromise which may be enforced by execution, or (b) a withdrawal of the Complaint, or (c) a satisfaction of the claim.

RULE 13. Proceedings in Case of Failure to Settle. — If the family mediation is not successful, the Family Mediator shall prepare a "Certificate of Failed Mediation" and the PMC Unit shall submit the same to the court, within three (3) days. cIEHAC

RULE 14. Sanctions. — Since mediation is part of the pretrial conference, the trial court shall impose appropriate sanctions for failure to appear for pretrial or for abusive conduct during mediation proceedings.

RULE 15. Duty of the Court. — Courts and their personnel are enjoined to assist in the successful implementation of family mediation as one of the key modes of Alternative Dispute Resolution and thereby reduce docket congestion.

CODE OF ETHICAL STANDARDS FOR MEDIATORS

CANON 1

Responsibilities to Courts

A Family Mediator must be candid, accurate, and fully responsible to the trial court concerning his/her qualification, availability, and all other pertinent matters. He/She shall observe all administrative policies, applicable procedural rules and statutes. A Family Mediator is responsible to the judiciary for the propriety of his/her activities and must observe judicial standards of fidelity and diligence. He/She must report and encourage the parties to report in writing breaches of this Code of Family Mediators to the proper authorities.

 

CANON 2

Responsibilities to Parties

SECTION 1. Impartiality. — The Family Mediator must maintain impartiality toward all parties. Impartiality means freedom from favoritism or bias either by appearance, word or by action, and a commitment to serve all parties as opposed to a single party. At no time may a Mediator meet with any of the parties to discuss a case referred to him/her for mediation without the presence or the consent of the other party. A Family Mediator shall withdraw from mediation if the mediator believes he/she can no longer be impartial. A Family Mediator must remind both parties of their right to terminate the mediation. He/She shall not give or accept a gift, bequest, favor, loan or any other form to or from a party, attorney, or any other person involved in and arising from any mediation connection.

SECTION 2. Competence. — A Family Mediator must perform his/her service in a conscientious, diligent and efficient manner and maintain professional competence in mediation skills, including but not limited to: HESIcT

a) Being informed of laws, rules, administrative orders and legal principles relevant to the conduct of family mediation;

b) Regularly engaging in educational activities promoting professional growth; and

c) Refraining from rendering service outside the limits of his/her qualifications and competence.

SECTION 3. Conflict of Interest. — A Family Mediator must refrain from participating in the mediation of any dispute if he/she perceives that his/her participation will be a clear conflict of interest, disclose any circumstance that may create or give the appearance of a conflict of interest and any circumstance that may raise a question of impartiality.

He/She must not be involved in relationships with clients which might impair his/her professional judgment or in any way increase the risk of exploiting any of the parties. Except where culture demands or is appropriate, a Family Mediator must be cautious in mediating disputes involving relatives, close friends, colleagues/supervisors or his/her students. He/She must not engage in sexual relationships with any of the parties.

The duty to disclose is a continuing obligation throughout the process. In addition, if a Family Mediator has represented either party in any capacity, he/she must disclose that representation.

A Family Mediator must disclose any known, significant current or past personal or professional relationship with any party or attorney involved in the mediation. The Family Mediator and the parties must discuss on a case to case basis whether or not to continue.

After the Family Mediator makes his/her disclosures, and a party does not seek inhibition, the Mediator must continue as such.

A Family Mediator must not have any interest in any property, real or personal, that is the subject matter of the case referred to him/her for mediation. He/she may not directly or indirectly offer to purchase or to sell such property whether at the inception, during, or at any time after the mediation proceedings.

SECTION 4. Avoidance of Delays. — A Family Mediator must plan a work schedule, refrain from accepting appointments when it becomes apparent that completion of the mediation assignments cannot be done in a timely and expeditious manner and perform the mediation services in such a way as to avoid delays. acHTIC

SECTION 5. Prohibition Against Solicitation or Advertising. — A Family Mediator shall not use the mediation process to solicit, encourage, or otherwise incur future professional services and financial gain from either or both parties. Neither shall a Family Mediator make untruthful or exaggerated claims about the mediation process and his/her qualifications.

SECTION 6. Prohibition Against Coercion. — A Family Mediator shall not coerce or unfairly influence a party into a settlement agreement and must only facilitate arrival of decision in the mediation process.

a) Prohibition Against Misrepresentation. A Family Mediator shall not intentionally or knowingly misrepresent materials facts or circumstances in the course of conducting a family mediation.

b) A Balance Process. A Family Mediator shall promote a balanced process and encourage the parties to conduct the family mediation deliberations in a non-adversarial method. In no manner shall family mediation be conducted that results in privatization of family law as in overuse of the mediation process to unduly influence the parties towards having an agreement based on cultural and religious practices.

While a Family Mediator may point out possible outcomes of the case, under no circumstances may an offer of a personal or professional opinion or advice as to how the trial court, where the case is filed, will resolve the dispute.

c) Mutual Respect. A Family Mediator shall promote mutual respect among the parties throughout the mediation process.

d) Disclosure of Fees. Except for his/her authorized fees, the Family Mediator in Court-Referred Mediation shall not accept any commission, gift or other similar forms of remuneration from the parties or their representatives.

e) Confidentiality. The Family Mediator shall treat information revealed in mediation, whether oral or in print, its storage and disposal of records, in strict confidentiality except for the following:

1) Information that is statutorily to be reported.

2) Information that in the judgment of the Family Mediator reveals a danger of actual or potential harm either to a party, to a third person or to himself/herself. HEASaC

SECTION 7. Role of Mediator in Settlement. — The Family Mediator shall see to it that the parties with the help of their lawyers consider and understand the terms of the settlement.

CANON 3

Relationship with Other Professionals

The Family Mediator shall respect the relationship between mediation and other professional disciplines including law, medicine, science, accounting, mental health, and social services and must promote harmony and cooperation between and among Family Mediators and other professionals.

The Family Mediator shall be knowledgeable and able to detect any presence of abuse or violence and when needed, refer the parties to other professionals for appropriate help and support.

CANON 4

Responsibilities to Society

SECTION 1. Support of Mediation. — The Family Mediator shall support the advancement of mediation by encouraging and participating in research, evaluation, or other forms of professional development and public education.

Published in The Philippine Star on July 3, 2010.